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<br />. <br /> <br />. <br /> <br />. <br /> <br />CITY OF ARDEN HILLS <br /> <br />MEMORANDUM <br /> <br />DATE: <br /> <br />Dccembcr 7, 2000 <br /> <br />TO: <br /> <br />Mayor and City Council <br /> <br />Jennifcr Chaput, City Planncr~ <br /> <br />FROM: <br /> <br />SUBJECT: <br /> <br />Appeal of Denial of Building Permit <br />Antenna Tower, 1777 Gateway Blvd. <br /> <br />Rcqucst <br />The decision of the Building Official to deny a building permit application for the <br />construction of a new antenna tower at 1777 Gateway Blvd., based on the regulations of <br />the Zoning Ordinance, is being appealed by Mr. Vaughan, the property owner of 1777 <br />Gateway Blvd, The appeal process requires that the Planning Commission make a <br />recommendation to the City Council, with findings regarding the Building Inspector's <br />interpretation ofthe Zoning Ordinance in this matter. <br /> <br />Backl!:round <br />For your information, Ordinance 291, Section 8 (G) #1, outlining the appeal procedure, <br />states, "The Planning Commission shall hear any appeals where it is alleged that there is <br />an error in any order, requirements, decision or determination made by an administrative <br />officer in the interpretation, application and/or enforcement of this Ordinance and shall <br />report its findings and recommendations to the City Council for action". <br /> <br />D,S, West made application to the City in Planning Case #98-10, to install an antenna <br />array on the tower at 1777 Gateway Boulevard (formerly 14th Street) owned by Mr. Dan <br />Vaughan. The application was approved with the condition that they comply with the <br />Ehresmann Engineering report dated February 2, 1998. After numerous engineering <br />reports, requested by staff and Mr. Vaughan, serious questions were raised regarding the <br />State Code compliance ofthe antenna. After confirmation from the State, City staff <br />declared the tower to be an unsafe structure. <br /> <br />Mr. Vaughan applied on December 17, 1999, for a Building Permit to construct a new <br />700-foot tower on the site. On January 6, 2000, staff denied the Building Permit <br />application because the construction of a new tower to replace the existing did not meet <br />the requirements of the Zoning Ordinance. The Zoning Ordinance does not allow for <br />towers over 75 ft. high and towers are only allowed as an accessory use to the principal <br />use on the property. Mr. Vaughan appealed the Building Permit denial on February 24, <br />2000. <br />